Jermaine St. Aubin Foster, A088 444 744 (BIA Apr. 3, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at which the respondent was removed in absentia upon finding his failure to appear was due to exceptional circumstances because the hearing notice was mailed only to his former counsel who submitted a statement saying he did not receive the notice. The Board also noted that the respondent was seeking to adjust to lawful permanent resident status and acted diligently upon learning he was ordered removed in absentia. The decision was written by Member Edward Grant and joined by Member John Guendelsberger and Vice Chairman Charles Adkins-Blanch.

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at which the respondent was removed in absentia upon finding his failure to appear was due to exceptional circumstances because the hearing notice was mailed only to his former counsel who submitted a statement saying he did not receive the notice. The Board also noted that the respondent was seeking to adjust to lawful permanent resident status and acted diligently upon learning he was ordered removed in absentia. The decision was written by Member Edward Grant and joined by Member John Guendelsberger and Vice Chairman Charles Adkins-Blanch.